JOHANNESBURG - Brian Molefe is adamant he should be reinstated to his position as Eskom's CEO.
He insists he and Eskom made an honest mistake when they agreed on his early retirement from the power utility five years too early.
The DA, EFF, and Solidarity are going to court on Wednesday to have Molefe’s R30-million pension payout declared unlawful and set aside.
They also want Molefe to pay back the R11-million he's reportedly already received as part of that pay-out.
Molefe insists he was granted early retirement – despite publicly announcing he'd resigned, a day after being implicated in Thuli Madonsela’s State of Capture report.
He says the fact that he then became an ANC MP cannot be seen as evidence that he had actually resigned.
The effect of his "early retirement" being unlawful, he says, is that he should be reinstated.
But Public Enterprises Minister Lynne Brown is not convinced Molefe’s premature retirement was an innocent mistake.
Molefe claims Brown was sent a letter, weeks after he was first appointed as Eskom CEO, which clearly stated the conditions of his early retirement.
Brown denies ever seeing that letter.
Molefe concedes his early retirement deal was unlawful and agrees he should pay back the money.
This case, at its heart then, will be about how Molefe got that deal in the first place and whether there’s evidence that it was made possible by fraud, dishonesty, or blatant incompetence.
With both Brown and Molefe being linked to alleged state capture, the implications of these findings could be profound.